[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Proposed Rules]
[Pages 65730-65734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25853]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0765]
RIN 1625-AA00
Safety Zones; Waterway Training Areas, Captain of the Port
Maryland-National Capital Region Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish four safety zones
for certain waters of the Patapsco River, Chesapeake Bay, and Potomac
River. This action is necessary to provide for the safety of life on
these navigable waters at Baltimore Harbor Anchorage No. 5, between
Belvidere Shoal and Kent Island, MD, between Point Lookout, MD, and St.
George Island,
[[Page 65731]]
MD, and between Possum Point, VA, and Cockpit Point, VA, during non-
lethal signaling and warning device training conducted from on board
U.S. Coast Guard vessels. This proposed rulemaking would prohibit
persons and vessels from being in the safety zones unless authorized by
the Captain of the Port Maryland-National Capital Region or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 30, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0765 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone 410-576-2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DOD Department of Defense
DHS Department of Homeland Security
FR Federal Register
NM Nautical mile
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The U.S. Coast Guard uses the LA51, a non-lethal signaling and
warning device, to support the service's ports, waterways and coastal
security mission. Coast Guard personnel use the LA51 device as a
warning signal during enforcement operations for getting the attention
of non-responsive vessels. The LA51 is a two-part (flash bang)
ammunition round fired from a 12-gauge military shotgun to produce a
visible signal at a range of 100 meters. The explosive pyrotechnic
flash is a bright, white light lasting less than one second with a loud
report (170 decibels at the source). To maintain ports, waterways and
coastal security mission readiness, Coast Guard personnel within the
Maryland-National Capital Region COTP Zone (the ``Maryland-National
Capital Region'') must conduct LA51 device training shoreward of the 12
nautical miles (NM) baseline. At the present time, Coast Guard Stations
within the Maryland-National Capital Region use the DOD firing range
located in the Chesapeake Bay in the vicinity of Chesapeake Beach, MD,
described at 33 CFR 334.170) (DOD Chesapeake Beach firing range) for
LA51 training. But, the Maryland-National Capital Region needs
additional LA51 training locations.
While the Coast Guard uses DOD-established and controlled water
ranges for LA51 training when reasonably feasible, there are no DOD
ranges other than the Chesapeake Bay zone within the Maryland-National
Capital Region that are feasible for the Coast Guard to use for LA51
training. While other DOD ranges exist within the Maryland-National
Capital Region, DOD has been unable to accommodate USCG's requests to
utilize these ranges for LA51 training. And, currently within the
Maryland-National Capital Region there are no existing Coast Guard-
designated waterway training areas. The lack of alternative feasible
DOD ranges or Coast Guard waterway training areas within the Maryland-
National Capital Region poses significant logistical challenges and
requires some Coast Guard Station personnel to travel considerable
distances to the DOD Chesapeake Beach firing range. Given that the
training must occur during favorable weather conditions, the long
distance to the range adds additional logistical burdens to holding
these trainings. To better accommodate these training needs the COTP
Maryland-National Capital Region is proposing to establish four safety
zones for use as waterway training areas.
Although the LA51 has a low risk of significant injury, hazards
from LA51 device training events include risks of injury or death
resulting from near or actual contact among training vessels and
waterway users. These risks may arise if normal vessel traffic were to
interfere with the training event, and training vessels operating near
designated navigation channels, as well as operating near approaches to
local public boat ramps, private marinas and yacht clubs, and
waterfront businesses. The COTP Maryland-National Capital Region has
determined that potential hazards associated with the LA51 device
trainings would be a safety concern for anyone within the waterway
training areas. The purpose of this rulemaking is to ensure the safety
of vessels and the navigable waters within the waterway training areas
before, during, and after the training events. The proposed safety zone
waterway training areas would only be used to conduct LA51 device
training as needed for Coast Guard Law Enforcement training
requirements.
The COTP Maryland-National Capital Region would only activate the
relevant safety zone(s) as needed. If the proposed safety zones were
established, the Coast Guard would continue to first seek to use a DOD-
controlled range, and check its availability for LA51 device training
use, prior to activating a Coast Guard waterway training area safety
zone. If these permanent Cost Guard waterway training area safety zones
were not established, the COTP Maryland-National Capital Region would
possibly need to establish multiple temporarily safety zones for LA51
training.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP Maryland-National Capital Region is proposing to establish
four safety zones for use as waterway training areas.
Waterway training area Alpha includes all waters of the Patapsco
River encompassed by a line connecting the following points beginning
at 39[deg]14'07.98'' N, 076[deg]32'58.50'' W; thence to
39[deg]13'34.98'' N, 076[deg]32'24.00'' W; thence to 39[deg]13'22.50''
N, 076[deg]32'28.98'' W; thence to 39[deg]13'21.00'' N,
076[deg]33'12.00'' W; and back to the beginning point. Waterway
training area Alpha is located at the entrance to Curtis Bay, in
Baltimore Harbor Anchorage No. 5, at Baltimore, MD. The safety zone is
a trapezoid in shape measuring approximately 1,500 yards in length and
averaging 750 yards in width.
Waterway training area Bravo includes all waters of the Chesapeake
Bay encompassed by a line connecting the following points beginning at
39[deg]05'25.98'' N, 076[deg]20'20.04'' W; thence to 39[deg]04'40.02''
N, 076[deg]19'28.98'' W; thence to 39[deg]02'45.00'' N,
076[deg]22'09.00'' W; thence to 39[deg]03'30.00'' N, 076[deg]23'00.00''
W; and back to the beginning point. Waterway training area Bravo is
located in the approaches to Baltimore Harbor, between Belvidere Shoal
and Kent Island, MD. The safety zone is a rectangle in shape situated
along a northeast-southwest axis, measuring approximately 4,500 yards
in length by 1,500 yards in width.
Waterway training area Charlie includes all waters of the Potomac
River encompassed by a line connecting the following points beginning
at 38[deg]00'28.80'' N, 076[deg]22'43.80'' W; thence to
38[deg]01'18.00'' N, 076[deg]21'54.00'' W; thence to 38[deg]05'06.00''
N, 076[deg]27'43.20''
[[Page 65732]]
W; thence to 38[deg]04'40.20'' N, 076[deg]28'34.20'' W; and back to the
beginning point. Waterway training area Charlie is located between
Point Lookout, MD, and St. George Island, MD. The safety zone is a
rectangle in shape measuring approximately 12,500 yards in length by
1,500 yards in width.
Waterway training area Delta includes all waters of the Potomac
River encompassed by a line connecting the following points beginning
at 38[deg]32'31.14'' N, 077[deg]15'29.82'' W; thence to
38[deg]32'48.18'' N, 077[deg]15'54.24'' W; thence to 38[deg]33'34.56''
N, 077[deg]15'07.20'' W; thence to 38[deg]33'15.06'' N,
077[deg]14'39.54'' W; and back to the beginning point. Waterway
training area Delta is located between Possum Point, VA, and Cockpit
Point, VA. The safety zone is a trapezoid in shape measuring
approximately 2,000 in length by 1,000 yards in width.
Proposed waterway training areas Alpha and Bravo are located
outside designated navigation channels. Neither of these two zones are
near areas of the Patapsco River and Chesapeake Bay that are used
heavily by the boating public or popular fishing or diving sites.
Proposed waterway training areas Charlie and Delta are located within a
portion of navigable channels. Although these two zones are near areas
of the Potomac River that may be used by the boating public or popular
fishing or diving sites, vessels traffic in these areas would be able
to safely transit around the safety zones. The Coast Guard would ensure
that appropriate monitoring of the waterway while the safety zone is
activated.
The Coast Guard anticipates that each of the four proposed safety
zones would be activated for two hours on six separate occasions
annually--a total of 12 annual enforcement hours for each zone. The
Coast Guard anticipates that it would activate the zones at various
times of the year during daylight hours only. Whenever a LA51 device
training event is planned, the COTP Maryland-National Capital Region
would notify the maritime community of the enforcement dates and times
of the appropriate safety zone as the training event dictates. Such
notification would be made by broadcast or local notice to mariners,
distribution in leaflet form, on-scene oral notice, or other
appropriate means in accordance with Sec. [thinsp]165.7.
The duration and enforcement of the zones is intended to ensure the
safety of vessels and these navigable waters before, during, and after
these training events. Except for training participants, no vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP Maryland-National Capital Region or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
duration, and location of the safety zones. It is anticipated that each
of these four safety zones will be activated for six separate events
annually. Although vessel traffic may not be able to safely transit
around two of these safety zones while being enforced, both of which
are on the Potomac River, the impact would be for 2 hours or less and
such vessels would be able to seek permission to enter and transit
these safety zones by contacting the COTP Maryland-National Capital
Region or a designated representative by telephone or on VHF-FM channel
16. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners
via Marine Band Radio VHF-FM channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has
[[Page 65733]]
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves five
safety zones that, when activated, will last 48 enforcement hours
annually and prohibit entry within portions of the Patapsco River,
Chesapeake Bay, and Potomac River. Normally such actions are
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.516 to read as follows:
Sec. 165.516 Safety Zones; Waterway Training Areas, Captain of the
Port Maryland-National Capital Region Zone.
(a) Regulated areas. The following areas are established as safety
zones:
(1) Waterway training area Alpha. All waters of the Patapsco River,
encompassed by a line connecting the following points beginning at
39[deg]14'07.98'' N, 076[deg]32'58.50'' W; thence to 39[deg]13'34.98''
N, 076[deg]32'24.00'' W; thence to 39[deg]13'22.50'' N,
076[deg]32'28.98'' W; thence to 39[deg]13'21.00'' N, 076[deg]33'12.00''
W; and back to the beginning point.
(2) Waterway training area Bravo. All waters of the Chesapeake Bay,
encompassed by a line connecting the following points beginning at
39[deg]05'25.98'' N, 076[deg]20'20.04'' W; thence to 39[deg]04'40.02''
N, 076[deg]19'28.98'' W; thence to 39[deg]02'45.00'' N,
076[deg]22'09.00'' W; thence to 39[deg]03'30.00'' N, 076[deg]23'00.00''
W; and back to the beginning point.
(3) Waterway training area Charlie. All waters of the Potomac
River, encompassed by a line connecting the following points beginning
at 38[deg]00'28.80'' N, 076[deg]22'43.80'' W; thence to
38[deg]01'18.00'' N, 076[deg]21'54.00'' W; thence to 38[deg]05'06.00''
N, 076[deg]27'43.20'' W; thence to 38[deg]04'40.20'' N,
076[deg]28'34.20'' W; and back to the beginning point.
(4) Waterway training area Delta. All waters of the Potomac River,
encompassed by a line connecting the following points beginning at
38[deg]32'31.14'' N, 077[deg]15'29.82'' W; thence to 38[deg]32'48.18''
N, 077[deg]15'54.24'' W; thence to 38[deg]33'34.56'' N,
077[deg]15'07.20'' W; thence to 38[deg]33'15.06'' N, 077[deg]14'39.54''
W; and back to the beginning point.
(5) These coordinates are based on Datum NAD 83.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
Designated representative means a Coast Guard commissioned,
warrant, or petty officer designated by or assisting the COTP in the
enforcement of the safety zones.
Training participant means a person or vessel authorized by the
COTP as participating in the training event or otherwise designated by
the COTP or the COTP's designated representative as having a function
tied to the training event.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zones described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) Except for training participants, all vessels underway within
this safety zone at the time it is activated are to depart the zone. To
seek permission to enter, contact the COTP or the COTP's designated
representative by telephone number 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8
[[Page 65734]]
MHz). The Coast Guard vessels enforcing this section can be contacted
on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
(3) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
(d) Enforcement. The safety zones created by this section will be
enforced only upon issuance of a Broadcast Notice to Mariners (BNM) by
the COTP or the COTP's representative, as well as on-scene notice or
other appropriate means in accordance with Sec. 165.7.
Dated: November 22, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-25853 Filed 11-27-19; 8:45 am]
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